GENERAL NOTE ON GUARDIAN AND WARD. Party In proceeding brought by next friend or guardian on behalf of another, suit is essentially that of one for whom suit is brought. 55 App. 804 (191 S. E. 479). IDAHO CODE 1947, § 15-1857 15-1857. Guardianship estate receiving government benefits-Service by government bureau of request for notice-Hearing on proceeding in such estate. At any time after the issuance of letters of guardianship in the estate of any minor, insane or incompetent person, any authorized representative of any agency, bureau, or department of the United States government from or through which any compensation, insurance, pension or other benefit is being paid, or is payable, may serve upon such guardian, or upon the attorney for such guardian, and file with the clerk of the court wherein the administration of such guardianship estate is pending, a written request stating that special written notice is desired of any or all of the following matters, steps or proceedings in the administration of such estate: 1. Filing of petition for sales, leases or mortgages of any property of the estate. 2. Filing of all intermediate or final accountings or accountings of any nature whatsoever. 3. Petitions by the guardian for family allowances or allowances for the ward or any other allowances of every nature from the funds of the estate. Such request for special written notice shall designate the name, address and post-office address of the person upon whom such notice is to be served, and no service shall be required under this act other than in accordance with such designation unless and until a new designation shall have been made. When any account, petition, or proceeding is filed in such estate of which special written notice is requested as herein provided, the court shall fix a time for hearing thereon which shall allow at least ten days for service of such notice before such hearing; and notice of such hearing, together with a copy of any such account, petition or proceeding, shall be served upon the person designated in such written request at least ten days before the date fixed for such hearing. If the place designated for such hearing is outside of the city in which is located the court in which such estate is being administered, the service may be made by leaving a copy with the person designated, or by mailing through the United States mail, with postage prepaid to the person and place designated; otherwise the service may be made by leaving a copy with the person or his authorized representative at the place designated. [1927, ch. 94, § 1, p. 122; I. C. A., § 15-1858.] Compiler's note.-The words "this act" refer to §§ 15-1857, 15-1858. SECTION. Analogous, Deering's Probate Code 1941, § 1600. IDAHO CODE, 1947, § § 15-1901 to 15-1923 CHAPTER 19. UNIFORM VETERANS' GUARDIANSHIP ACT 15-1905. 15-1906. Appointment of guardians. Evidence of necessity for guardian of infant. 15-1907. Evidence of necessity for guardian for incompetent. 15-1908. Notice. Petitions and accounts, notices and hearings. Penalty for failure to account. Compensation of guardians. 15-1909. 15-1910. Bond. 15-1911. 15-1912. 15-1913. Investments. 15-1916. 15-1917. 15-1918. Copies of public records to be furnished. 15-1919. Purchase of home for ward. Discharge of guardian and release of sureties. Commitment to Veterans' Administration or other agency of United States government. Liberal construction. 15-1920. Short title. 15-1901. Definitions.-As used in this act : "Person" means an individual, a partnership, a corporation or an association. "Veterans' Administration" means the Veterans' Administration, its predeces sors or successors. "Income" means moneys received from the Veterans' Administration and revenue or profit from any property wholly or partially acquired therewith. "Estate" means income on hand and assets acquired partially or wholly with "income." "Benefit" means all moneys paid or payable by the United States through the Veterans' Administration. "Administrator" means the Administrator of Veterans' Affairs of the United States or his successor. "Ward" means a beneficiary of the Veterans' Administration. “Guardian” means any fiduciary for the person or estate of a ward. [1943, ch. 39, § 1, p. 72.] Compiler's note.-Sections 15-1901-15-1921, I. C. A. 1932, S. L. 1929, ch. 139 as amended, were repealed by S. L. 1945, ch. 60, § 1. Laws 1943, ch. 39, being on the same subject, has been given the section numbers assigned to the 1929 act. The 1943 act is much the same as the prior law except that §§ 15-1915, 15-1917 are new. Comp. leg. Ariz. Code 1939, §§ 42-301-42-320. Vt. Laws 1943, No. 33. Wyo. Comp. Stat. 1945, §§ 7-701-7-719. Sec. to sec. ref. This section is referred to in § 15-1923. 15-1902. Administrator as party in interest.-The Administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans' Administration. Not less than 15 days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans' Administration having jurisdiction over the area in which any such suit or any such proceeding is pending. [1943, ch. 39, § 2, p. 72.] 15-1903. Application.-Whenever, pursuant to any law of the United States or regulation of the Veterans' Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided. [1943, ch. 39, § 3, p. 72.1 15-1904. Limitation on number of wards.-No person other than a bank or trust company shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the Veterans' Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him from guardianships in excess of five and forthwith appoint a successor. [1943, ch. 39, § 4, p. 72.] 15-1905. Appointment of guardians. (1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized ir if the person so authorized refuses or fails to file such a petition within thirty days after mailing of notice by the Veterans' Administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of the state. (2) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans' Administration and shall set forth the amount of moneys then due and the amount of probable future payments. (3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward. (4) In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing the Veterans' Administration. [1943, ch. 39, § 5, p. 72.] 15-1906. Evidence of necessity for guardian of infant.—Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his authorized representative, setting, forth the age of such minor as shown by the records of the Veterans' Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans' Administration shall be prima facie evidence of the necessity for such appointment. [1943, ch. 39, § 6, p. 72.] 15-1907. Evidence of necessity for guardian for incompetent.-Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the Administrator or his duly authorized representative, that such person has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing such Veterans' Administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the Veterans' Administration, shall be prima facie evidence of the necessity for such appointment. [1943, ch. 39, § 7, p. 72.] The 15-1908. Notice. Upon the filing of a petition for the appointment of a guardian under this act, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this state, and also to the Veterans' Administration as provided by this act. [1943, ch. 39, § 8, p. 72.] 15-1909. Bond.-(1) Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. court may from time to time require the guardian to file an additional bond. (2) Where a bond is tendered by a guardian with personal sureties, there shall be at least two such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate. [1943, ch. 39, § 9, p. 72.] Compiler's note. The word "additional" at the end of paragraph 1 was spelled "additonal" in the 1943 Acts and the word "premium" at the end of paragraph 2 was spelled "permium." Cross ref.-Surety bonds, § 41-2707. 15-1910. Petitions and accounts, notices and hearings.-(1) Every guardian, who has received or shall receive on account of his ward any moneys or other thing of value from the Veterans' Administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys or other things of value so received by him, all earnings, interest or profits derived therefrom and all property acquired therewith and of all disbursements therefrom, and showing the balance thereof in his hands at the date of the account and how invested. (2) The guardian, at the time of filing any account, shall exhibit all securities or investments held by him to an officer of the bank or other depository wherein said securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his bond, or to the judge or clerk of a court of record in this State, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof a certificate that the securities or investments shown therein as held by the guardian were each in fact exhibited to him and that those exhibited to him were the same as those shown in the account, and noting any omission or discrepancy. That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his account. (3) At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the Veterans' Administration having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of any petition, motion or other pleading, pertaining to an account, or to any matter other than an account, and which is filed in the guardianship proceedings or in any proceeding for the purpose of removing the disability of ninority or mental incapacity, shall be furnished by the person filing the same to the proper office of the Veterans' Administration. Unless hearing be waived in writing by the attorney of the Veterans' Administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion or other pleading not less than fifteen days nor more than thirty days from the date same is filed, unless a different available date be stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the Veterans' Administration office concerned and the guardian and any others entitled to notice not less than 15 days prior to the date fixed for the hearing. The notice may be given by mail in which event it shall be deposited in the mails not less than 15 days prior to said date. The court, or clerk thereof, shall mail to said Veterans' Administration office a copy of each order entered in any guardianship proceeding wherein the Administrator is an interested party. (4) If the guardian is accountable for property derived from sources other than the Veterans' Administration, he shall be accountable as is or may be required under the applicable law of this State pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the Veterans' Administration, and as to such other property shall be entitled to the compensation provided by such law. The account for other property may be combined with the account filed in accordance with this section. [1943, ch. 39, § 10, p. 72.] 15–1911. Penalty for failure to account.-If any guardian shall fail to file with the court any account as required by this act, or by an order of the court, when any account is due or within thirty days after citation issues as provided by law, or shall fail to furnish the Veterans' Administration a true copy of any account, petition or pleading as required by this act, such failure may in the discretion of the court be ground for his removal. [1943, ch. 39, § 11, p. 72.] 15-1912. Compensation of guardians.-Compensation payable to guardians shall be based upon services rendered and shall not exceed 5% of the amount of moneys received during the period covered by the account. In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans' Administration in the manner provided in the case of hearing on a guardian's account or other pleading. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments. [1943, ch. 39, § 12, p. 72.] 15-1913. Investments.-Every guardian shall invest the surplus funds of his ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the Veterans' Administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account. [1943, ch. 39, § 13, p. 72.] Cross ref.-Legal investments, § 68-401 et seq. 15-1914. Maintenance and support.-A guardian shall not apply any portion or the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the Veterans' Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading. [1943, ch. 39, § 14, p. 72.] 15-1915. Purchase of home for ward.-(1) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the Veterans' Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account. (2) Before authorizing such investment the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty. [1943, ch. 39, § 15, p. 72.] Compiler's note.-The word "realty" at the end of this section was spelled "reality" in the 1943 Act. 15-1916. Copies of public records to be furnished.-When a copy of any public record is required by the Veterans' Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans' Administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the authorized representative of the Veterans' Administration with a certified copy of such record. [1943, ch. 39, § 16, p. 72.] 15-1917. Discharge of guardian and release of sureties.—In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans' Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans' Administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his competency. Upon hearing after notice as provided by this act and the determination by the court that the ward has attained majority or has recovered his competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans' Administration as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released. [1943, ch. 39, § 17, p. 72.] 15-1918. Commitment to Veterans' Administration or other agency of United States government.-(1) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans' Administration or other agency of the United States government, the court, upon receipt of a certificate from the Veterans' Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit |